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Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

tillis.senate.gov

221–230 of 509 posts

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#221
post #175
post #130

Earlier quoted context omitted.

If you "ship" a feature that only works if it always works and it doesn't always work, does that really count?

Yes? Bugs make it to prod all the time.

To be fair, usually bugs don't expose people to criminal liability.

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#222
post #8

"Last year, one study reported that digital video piracy costs the U.S. economy $29.2 billion a year." Well, I'd say that it in fact saves $30 billion a year. People can use it to buy more important stuff - such as food.

Yes, also it's incredible how it is possible to fully automatically recognize and block music and video's, and go after and punish the perpetrators, but this seems wholly impossible for blatant disinformation and lies on the same websites. When there is money at stake, laws en enforcement can accomplish things that are unthinkable when it is at the expense of the common good.

Not really?

Recognition of an exact pattern is computationally very easy. Examination of often subjective truths is objectively very hard?

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#223
post #186
post #179

- Everyone discussing this law should really read the text The difficulty in doing so is a big part of the problem. As per AOC's comments on twitter yesterday, at 2PM Members of Congress got 5000 pages of bill dropped on their desk with a vote call at 4PM. The whole thing needs to be much more transparent.

Shouldn’t the collective default be to simply vote “no” if it’s given like this I don’t know why the behavior would exist otherwise..

Yes, it should be, but then you possibly end up voting "no" on something that is then weaponized against you in the next election.

"Senator so and so refused to support the end of violence against babies!!" or other such nonsense.

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#225

Earlier quoted context omitted.

We're an oligarchy, that's why: 'that rich people and organizations representing business interests have a powerful grip on U.S. government policy. After examining differences in public opinion across income groups on a wide variety of issues, the political scientists Martin Gilens, of Princeton, and Benjamin Page, of Northwestern, found that the preferences of rich people had a much bigger impact on subsequent polic…

that's because many people don't vote or take part in political advocacy. it doesn't make society in "oligarchy". our democracy actually works really well, even with gerrymandering and some voter disenfranchisement. if all those people actually voted frequently, the policy outcomes would be a lot different. compare this to actual oligarchies where opposition parties actually can't accomplish anything because they're…

It's not because people aren't voting - it's because our votes are not equal. We don't have "one person, one vote" here - we have "one dollar, one vote", and those with more dollars get more votes. Citizen's United infamously set that in stone. Meanwhile, rampant gerrymandering, court packing, and other anti-democratic tactics have been heavily abused over the past few decades of Republican control to further erode and cement that. Though Republicans are not the only ones accountable - Democrats are just as responsible for accepting PAC money, for instance - and the two party system is mathematically guaranteed to be intractible as a consequence of our voting system. Even if every eligible voter voted in every election, the two party system is an inevitable conseqeunce of any election outcome, and both parties are dogs of the rich.

That the average American has approximately zero influence in politics is a mathematical, deliberately orchestrated truth.

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#226
post #125
post #93

Earlier quoted context omitted.

Does this change anything? Isn't criminal copyright infringement already a thing?

Lookup "streaming loophole". This new law would make commercially offering a service of pirated content a felony whereas previously, it would have been a misdemeanor.

Goodbye IPTV... it was really good while it lasted.

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#227
post #186
post #179

- Everyone discussing this law should really read the text The difficulty in doing so is a big part of the problem. As per AOC's comments on twitter yesterday, at 2PM Members of Congress got 5000 pages of bill dropped on their desk with a vote call at 4PM. The whole thing needs to be much more transparent.

Shouldn’t the collective default be to simply vote “no” if it’s given like this I don’t know why the behavior would exist otherwise..

If only it were that simple.

There's two major reasons I see why that doesn't happen. First, a 'no' vote is still taking a position. It requires additional explanation to differentiate "no because I couldn't understand it in time" and "no because I think it's a bad idea." That's a fair bit of nuance, which these days is... well often difficult to accurately and easily convey to others.

The second reason is that it's not just a matter of one vote per issue. It's not one massively complex issue that requires 5k+ pages to fully flesh out. It's a bunch of different stuff all jammed together, and votes can only cover the entire thing. Some of those things are often simple enough, and some are very time critical. Do you want to hold up the time critical bits for the rest of it?

If you do, can you get constituents to understand why, and agree with your decision to hold things up? For every voter that you can't convince, your political opponents now have an easy in. Can you afford that?

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#228

Earlier quoted context omitted.

I envy your gift of statutory clarity. It isn't clear to me. And I can't imagine I'm the only lawyer who can spot the squishy bits of this legislation ripe for manipulation. The three paragraphs you've quoted are "or" elements. A person need only violate one of the three to be criminally liable. Paragraph 2 is broad enough to include just about anything.

Since you're a lawyer, please clarify for me one part so that I can understand. The paragraphs are presented as: 1 - condition 1; 2 - condition 2; or 3 - condition 3. Does this mean that condition 1 should be applied all the time (1 and 2 _or_ 1 and 3) or (1 or 2 or 3) in order to be liable?

1 or 2 or 3.

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#229

Earlier quoted context omitted.

Everyone seems to jump to conclusions a bit, though there's still some reason to be wary as I already see 2 ways that this would make it harder for someone to build a new streaming service. Firstly it becomes very difficult to argue your streaming service has no 'commercially significant purpose' other than piracy when you're not making much money. Secondly it gives the copyright enforcing industry a big amount of le…

>Firstly it becomes very difficult to argue your streaming service has no 'commercially significant purpose' other than piracy when you're not making much money. It is a bit of a concern, but I see it less of a concern than you. First, we're talking criminal law here, so the state has to argue their case and prove your guilt, not you have to prove your innocence. Second, you still get 17 U.S. Code § 512 liability pro…

> First, we're talking criminal law here, so the state has to argue their case and prove your guilt, not you have to prove your innocence

Although factually correct, this is not how the system works in most circumstances. If someone in power believes you committed a crime based upon the current law and you get charged for that crime, fat chance you will be arguing semantics in court. You will be taking a plea deal unless you are extremely well funded.

I’m mostly wondering why we need to make these explicit laws to give more ammo to prosecutors. Is this really something that needs to be addressed now? Do we need to further criminal liability because the copyright enforcing industry can shift the expenses of policing their content onto publicly funded mechanisms?

Re: Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming

#230
post #9

This title is misleading: > The Protecting Lawful Streaming Act would apply only to commercial, for-profit streaming piracy services. The law will not sweep in normal practices by online service providers, good faith business disputes, noncommercial activities, or in any way impact individuals who access pirated streams or unwittingly stream unauthorized copies of copyrighted works. Individuals who might use pirate s…

This appears to be correct from reading the (very short) text[0]. Everyone discussing this law should really read the text instead of reading whatever nonsense the media is spinning. Here's the full text of what is being prohibited: > PROHIBITED ACT. > — It shall be unlawful to willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service…

> for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service that

If it's a peer-to-peer streaming service where media consumers also serve media to other users, then the argument could be made that users themselves are providing the "digital transmission service".

There may not even be an identifiable, centralized "platform".

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